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State Action on Immigration
Could actions by the 50 states in the US change the immigration debate?
Could state policy change the direction of national policy?
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Here is a machine transcript of the show. We note this has not been checked for accuracy and is based on what a computer has generated based on the conversation. But we hope it is helpful to you.
Hey everyone it’s The Our Shawn, welcome to another edition of the Future Done Right™ Show.
Today we will be talking about some interesting US policy issues.
One thing has been going on here a lot in the US is state versus federal actions have been happening for a long time.
We want to jump into the immigration area we’ve seen a lot of changes in the state versus federal power structure with respect to marijuana
Now we’re going to talk about what’s happening with respect to immigration policy and how that may look in the future and how that might shape some
Change and joining me today is attorney Anessa Santos.
She’s a corporate lawyer, like myself, but she spent a lot of time looking at the immigration side and we think this is important to the future of the world. Future of business. I want to jump into it, and today’s show.
And broaden the thinking about this, get more people thinking about these important issues which are pushing upon our future and directing things.
For those of you that don’t know me I’m The Our Shawn I’m a corporate lawyer I help you with ownership controller business that’s mergers capital raise contract negotiations partnership agreements.
And because I spent so much time on business planning. I’ve done this show dedicated to the future business. The future done right show
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Because I think it’s important we get a discussion going. That’s really our goal today necessary jump in with that.
In just a minute. But before we do that I want to remind you we don’t do legal advice. We don’t do
investment advice we really are here to advise you on the show, we’re here to give you ideas give you things to research, go talk to your own counsel your own advisors for your specific
issues and that’s so. Welcome to the show. Again, thank you for joining me.
Thanks Shawn I’m really excited to be here today and talk about this super important issue.
Issue it, it pushes on a lot of things in our world and you know it’s something that we’ve been working on as a country for all for a while now. The US is this has been front and center and in policy debate fear for for a good while.
It comes up sporadically, you know, over the, over the decades and you know it’s primarily been viewed as being a federal matter.
You know, the Constitution grants authority for the, you know, for the federal government to
Basically determine who’s citizens, etc. And we’ve always kind of viewed this as being a federal
matter, but with with the lack of Federal action or some of the difficulties that are happening is starting to turn more and more into a state matter, right, in essence,
Right, so, you know, I’m not really here to comment on you know whether or not we need to have a border wall. I’m not really here to comment so much on the politics of the issue and whether we want to encourage immigration discourage immigration.
I think what I’m really interested in, in discussing specifically with you and with our audience because I’m sincere. When I say I want comments about this right
Is that we have a situation where we are currently experiencing a flood of people for any myriad of reasons, right reasons. I’m not here to discuss the reasons. The fact of the matter is, they’re storming the border.
And in my lifetime. I’ve not really seen like caravans of thousands of people making their way north through Central America.
Now, of course, in the entire scheme of things. I haven’t been alive that long, maybe, maybe this used to happen before, but the situation is that we’re completely overwhelmed and the detention centers. And again, I’m not, I’m not commenting on whether I agree with the detention centers.
But the fact of the matter is the detention centers are full. So they’re literally busing these people to various locations in the United States.
They’re dropping them off and they’re saying good luck. We’ll see. And maybe four or five years when your case comes up before and immigration judge. And oh, by the way.
While you’re here, you’re not allowed to get a driver’s license. You’re not allowed to get a job right. And so we have no idea and don’t give a flying flat, right, how it is that you’re going to earn a living.
And so if these people go play those rules, while they’re physically present then they become burdens on the communities where they are. And so we are contributing
To a massive increase in poverty dependency welfare situations. And when I say welfare. I don’t mean state or government sponsored welfare.
I mean, these depend these folks may be dependent upon charitable organizations. So consequently, what we’re doing is forcing them into the shadows of society where they are subject to poverty crying exploitation.
They may not necessarily be given a government recognized identity and it’s like, well, why did they break. I can hear this all the time.
Why didn’t they bring their papers with them from their home country because people, not everybody is given papers from our home country, it doesn’t matter that we see people that are aging well into being elders.
And their government still hasn’t given them papers or maybe the papers that lost or they got destroyed or they got damaged or what have you, during the journey.
And so for those folks out there that say I don’t want anything to do with these people. I don’t care if they suffer because I have heard this from people
Who say okay so you don’t have compassion. I get that. You don’t want them here. I understand that. But that doesn’t change the fact they’re here.
Right, and they’re not going anywhere. And we need to come up with a viable solution that’s a win win.
And this is what I’ve been studying this is what I’m looking for. What can we do, that could be a win win.
And since the federal immigration policy is a disaster of nuclear proportions higher thinking, well, what if we were to take a marijuana approach to this, right, because it is it is in arguably
And within the jurisdiction of the federal government within the power and the authority of the federal government to legislate. What is a crime and what is not a crime, they’ve determined that possession of marijuana is a crime, the growth marijuana is a crime.
And federal law enforcement has every right and authority. Go out and prosecute that yet. The State said
I’m given flying flat wrapped a thumb their nose at the federal government, they said, We’re going to pass our own laws and we’re going to dare you to send law enforcement into side our state borders and enforce your federal law against our state law. I thought this is very interesting.
Well, yes, you have, you have to remember we had you’ve had to administrate I’m not to get overly political with the show that two administrations that have allowed that in a row right so
There’s no doubt there’s no doubt that
Marijuana is largely legislated under the Commerce Clause, which, you know, and you know, I talked a little bit offline about that the Commerce Clause was written to say the federal government could regulate interstate commerce, so you know basically as this country grew and we got more and more trade between the states. Everything became interstate commerce.
Including the potential flow of drugs. So we have this Commerce Clause out there which, you know, the Court has clearly given the federal government authority under to regulate drugs and you know they’ve not done enforcement.
You’re starting to see a similar thing under immigration, right, which is the. And I think that’s where a lot of the frustration comes from, from the general public, right, is
You know, we have one set of policies on one end, which is, you know, what are we doing with the borders, how do we admit people. People get across the border, then we give them a trial date.
Five years later, as you say, and then we don’t have, there’s an in the state and then they’re just left here in limbo, like you talked about the system doesn’t work together.
Will start getting frustrated because now the pieces fit. It’s not a comprehensive policy. Now, I don’t think there’s any doubt the federal government could, could you know can do what they want to do with immigration, the problem is they’re they’re overwhelmed.
And so right.
Is falling on the states already because I think the federal government is pretty much said we can’t handle all this volume. Yeah.
They can’t handle the volume. And you’re absolutely right. The bulk of the responsibility of managing this problem is falling upon the individual states and the communities where these immigrants are being shipped.
And so, you know, just in the past few years, we’ve realized this new technology blockchain.
And that’s being utilized to register the identification of refugees all over the world.
And it’s being done so successfully they’re using biometric markers to register the identities of these folks on blockchain.
And furthermore, they’re providing them with access to financial applications. And they also have an opportunity to earn a living.
And so what I’m proposing is that as a nation and as individual states within the nation that we have
A really robust debate about the benefits and the burdens of setting up similar projects here in the United States that have already been proven and successful and pilot programs and other nations.
whereby these people are registered on a blockchain. They are provided with a government recognized identification, maybe as a separate but equal class of people under the 14th Amendment potentially right subject to debate.
And then they’d be given an opportunity to work and earn a living. While present
In the States which adopt this program and that they’re given access to financial services driver’s license and then we can incorporate them as a productive member of society, removing the burden right of dependency from the communities where they live.
Until their cases adjudicated until the federal government gets its act together because I don’t have any faith at all in our Congress to accomplish anything meaningful cannot depend on them.
Well, you know, I think you’re raising a core issue here, which is this which is this middle land that we alluded to earlier. Right. So you’re here in the country. You can’t leave because you got to wait for this hearing and you don’t know if you can get back in if you leave.
So you’re stuck in limbo, and like you say you’re stuck in limbo without a driver’s license without authorization to work. I mean, really, you’re, you’re, you’re putting somebody in a very tough spot.
To come to the country, you know, a lot of them are seeking asylum, because they are there. You know, there’s some issue at their home country that they want to get away from. And so
The till the court can hear it. They’re just stuck there in limbo to do nothing. Right. This have to
disappear for four or five years.
Yeah, they just have to disappear for four or five years and wait it out and
And I know that there are many people that are going to listen to this and they are just going to be angry and they’re full of just fury and rage. They don’t want these people here.
And I’m not really here to address those concerns because that really comes down, that begs the question, Do we let them in doing not let them and
I’m not answering that question. The question that I’m saying is, what do we do with the people that are here, what are we doing with the people that we are living in
Because they are here. And so we have this growing problem of undocumented folks. They’re running around inside the country.
And so why do we want them documented. I’m not talking about, you know, fear of terrorism. Sure, yes. Fear of terrorism, we don’t know who they are. We don’t know what they’re doing.
Let’s document them in case they can act of terrorism.
And then we can pull them in. Sure, absolutely. But what I’m talking about is abject poverty and destitution, which breeds desperation and sometimes when people get desperate.
They do desperate things. And so I want to sort of avoid that situation and say, What can we do with the problem that we have today. And thanks to block chain.
There’s a lot that we can do right now that we could not do five years ago, we have tools available to us now.
That we did not have available to us five years ago, we have a myriad of pilot projects which has been proven successful in multiple countries around the world.
That have been operated in a large consortium environment with participants of the United Nations, the World Bank, the World Food Program Accenture Microsoft Deloitte.
The Rockefeller Foundation and I mean you get the point. Right. You can go on and on.
They come together they proven this, the solution is there the proof of concept has been established. Why is nobody talking about implementing this on a state level for a viable workable bandaid or patchwork type solution to the problem that we’re experiencing.
Well, I think, you know, let’s let’s let’s dive into that a little bit. So the stage jumped in the marijuana for a couple of reasons. Right. I mean, there were a lot of citizens who want access to marijuana. So, you know, states like Colorado. People just said, hey, we
Want to we want the stuff the state’s largely support it. Let’s, let’s face it, because of money.
Right. I mean, this is tax revenue you create a whole new industry.
For a while, states like Colorado and still this day they’re bringing tourists that people are going to the state spending money in the state.
Because of that, that increases your hotel room taxes, you know, all the dinners that they might have went after they smoke their marijuana, of course, the sale of marijuana if people are
Come to Colorado.
Dinners after this
Here to connect the dots.
So you’re spending money in Colorado.
And furthermore, you’re reducing the cost of police enforcement and incarceration for marijuana related crimes.
Are minor although you know there’s some stuff you don’t want people doing obviously Colorado. There is a lot of postings rather than, you know, people driving cars after
I don’t want them driving impaired, but those walls. People have always always been on the books.
This is nothing new.
Right, exactly. But I mean, you know, so you have a little bit of move the issue a little bit, but you do take a lot of the issue off the table, but the stage jumped into it from largely a money perspective.
The immigrant side doesn’t give as much money to the states other than maybe clearing some administrative hassles and potentially, I guess, you know, lower criminal rates. I mean, they can eventually impact the state budget, a little more indirectly.
Well you know what’s really interesting about that is that a lot of these folks are granted and individual tax identification number in it. I am for folks that might not know what that is. And so they get here.
And they’ll know acquire themselves. Many of them, not all of them right but but there’s a lot of instructions and assistance, that’s just kind of floating around these communities.
And so they get there it is. And so they’re paying into the federal system, but that they might not necessarily be also paying into the state system and it’s, there’s this whole underground community that has risen up
To figure out how to work the 67,000 pages of the Internal Revenue Code.
It’s loopholes. Right, so that they can operate, you think, Oh, good. So, so that’s not a problem.
And they’re working so we don’t have to do anything else to help them.
And I say, No, no, that’s not exactly how it works. For example, children and adolescents that are in properly documented in the nation where they are physically present experience and extremely
They, they are much more vulnerable to exploitation child trafficking, human trafficking and so we’re seeing
A rise in crime among these communities. There’s subject to robbery. Right. Because where are they going to spend their money. They can’t necessarily count on whether or not they have an ID and the KYC an LLC or the standards of our banking and financial institution. I mean, it’s just the whole ball of ugly, right. It’s this huge monster of a mess.
The we could. We can take two three approaches do nothing and deal with the issues.
Continual to just sort of plug the holes right and the system of the patchwork of band aids that we figure out how to create or three, we can just implement a block chain solution that just really handles it all in one solution in favor of all the, all in one solution approach.
What do you think that solution would look like. Let’s, let’s just run through for the listeners. You know what it would look like to set up some state system to deal with this issue that the states are getting handed to
Yeah, right. So I was kind of working through this last night before bed and I think that just to kind of put some clay on the table to get the discussion rolling
I want to see a blockchain ID registry that’s Ky C compliant and with biometric markers for identification in combination with the pastor
So that everybody’s identity is registered on the blockchain. And I want to see them achieve. I want to see them be given two cards right i’m not wanting to be a
An identification card that looks just like the ones that everybody else has in the state where they’re being registered where they’re being logged or the ID cards being issued otherwise they’re going to be subject to discrimination.
And then the other car that I want to see them have would be a polycarbonate micro chips embedded card with 15 applications, similar to what Nigeria has issued for their national smart ID card.
Program in Nigeria and so these applications include that maybe MasterCard or Visa relationship so that they can have payment.
Possibilities right until they can kind of get themselves established. So I’m looking at taking some of the best bits.
Of the other other blockchain ID registry programs that I’m looking at around the world. Why blockchain well because India’s as our system.
Has been incredibly successful and registering over 200 million people and their identities on their system, but the system is not blockchain. It’s completely centralized. And so consequently and not surprisingly, they have experienced
A number of successful data breaches and where millions of people’s identification been stolen and so on the dark web. And so we might be able to
avoid that by block chaining the system and achieving decentralization through the participants have multiple stakeholders who are interested in establishing the system.
So you’re talking about blockchain based system copying pasting what we’re what’s working in other countries, bring it across. And then I guess you would have a state by state adoption of the system right particular states would opt into it.
Yeah, and I think it’s really important that an initial launch that we multiple states participating in what would be a larger consortium.
And the reason why I propose this is because of just one state doesn’t like let’s just say Florida doesn’t right Florida’s like we love this. It’s fabulous. Let’s go.
And. And then what I’m concerned about is that there would be like a massive flux of immigrants from like a wave from the Pacific Ocean before everybody with landed Florida.
And this isn’t to say that I don’t want these people. What is to say is we can handle it. Right. I mean, I can invite guests into my home, but at one point. My house is full, Randy, I can’t get anybody more in my house.
And I can’t afford anybody more or more in my house. And so it’s like that. And so I think that if we were to have a consortium of multiple states who kind of work. This idea together and implement this this blockchain project for identification.
Of these immigrants that I think that they would be more likely to stay in a state where they reside with their families, their communities and they would just continue living but they would be living more successfully and more integrated
Well folks, we’re going to send this back to you. And so why don’t you tell us how people can check out your work and follow you will give some people some instructions to get into the discussion here.
Yeah, of course. So you can look me up on my website and tell all.io that’s like intelligent, well I over Indian Ocean. Or you can look me up on LinkedIn. And so, Alan Santos is my handle on LinkedIn.
And folks, I really do hope that if you listen to this, and you’ve got some comments, good or bad, right.
I want to hear them. I’m going to hear why you like the system or maybe why you think this is going
To be developed differently. And then if you hate this idea and you think it’s the worst thing I’ve ever come up with. I actually want to know about that too because it’s really important to hear the wide spectrum.
Of objections and ideas in order to come up with a solution for what is currently a disaster.
I agree. I think that’s going to lead us to a better solution. So two places we want you to leave your comments on the future done right YouTube channel where you might be hearing this directly
Or on one of our LinkedIn feed. So we’ll be doing some breads with this will be talking about it. Contact us get into the discussion. We want to hear from you. Of course, you have something sensitive
Feel free to private message us will share those notes with each other, but
We want to hear from you. We want to know what you think about, we want to build this. I want to bring a message back to do another edition of this and get deeper in this issue and think about
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Posted In: UncategorizedAbout the AuthorR. Shawn McBride — is the Managing Member of The R. Shawn McBride Law Firm, PLLC. Shawn works successful, private business owners in their growth and missions to make a company that stands the test of time. You can email R. Shawn McBride Law Firm or call (214) 418-0258.